Bhuraji vs The State Of Madhya Pradesh
2022 Latest Caselaw 1691 MP

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          The High Court Of Madhya Pradesh
                  CRA No. 5002 of 2021
              (BHURAJI AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-07/02/2022
      Heard through Video Conferencing.

      Shri Prabal Pratap Singh Solanki, learned counsel for the

appellants.

      Smt.     Abha     Mishra,    learned    Public    Prosecutor   for   the

respondent/State.

I.A. No.31858/2021, which is first application under Section

389 of CrPC for suspension of jail sentence and grant of bail to the

appellant No.1-Bhuraji, is taken up and considered.

This criminal appeal assails the judgment dated 12/08/2021

passed in ST No.100025/2014 by First Additional Sessions Judge,

Ganjbasoda, district Vidisha (M.P.), whereby appellant No.1 -Bhuraji

has been convicted as under :-

Section                         Sentence         Fine       In        default
                                                            stipulation
148 of IPC                      1 year RI        -          -
307/149 of IPC                  10 years of R.I. Rs.3000/- 03 months R.I.
326/149 of IPC                  7 years of R.I. Rs.2000/- 03 months R.I.
324/149 of IPC                  1 year RI        Rs.500/-    01 month RI
323/149 of IPC                  6 months RI      Rs.500/-    01 month RI

It is submitted by the learned counsel for appellant No.1-

Bhuraji that the appellant has been wrongly convicted by the trial

Court. There are lots of contradictions and omissions in the evidence

of the prosecution witnesses. It is further submitted that appellant

The High Court Of Madhya Pradesh CRA No. 5002 of 2021 (BHURAJI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

No.1- Bhuraji is aged around 72 years and he is in custody from the

date of judgment i.e. 12/08/2021. The allegation against the present

applicant is of causing injury by means of Lathi and the nature of

injury is simple and not caused on the vital part of the body. It is also

submitted that co-accused- Gopal Singh has suspended the jail

sentence by this Court vide order dated 10/11/2021. There is no

possibility of final hearing of this appeal in near future. Hence,

looking to the age of appellant No.1, learned counsel prayed to

suspend the remaining jail sentence of the appellant No.1.

Learned State counsel has vehemently opposed the application

and prayed to reject the same.

Heard learned counsel for the parties and perused the material

documents available on record.

Considering the age of the appellant which is around 72 years

and the fact that co-accused-Gopal Singh of this case has suspended

the jail sentence by this Court, without commenting on merits of the

case, the application (I.A. No. 31858/2021) is allowed and it is hereby

directed that subject to deposit of fine amount, if not already

deposited, the remaining jail sentence of the appellant No.1-Bhuraji

is hereby suspended and he be released on bail on his furnishing

personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only)

with one solvent surety each of the like amount to the satisfaction of

The High Court Of Madhya Pradesh CRA No. 5002 of 2021 (BHURAJI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

the concerned Court. The appellant No.1 is further directed to mark

his appearance before the Office of this Court on 25/04/2022 and on

subsequent dates given by the Office in this regard, till final disposal

of this appeal.

List the case for final hearing in due course.

Let a copy of this order be sent to the Court below concerned

for compliance.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2022.02.08 11:22:43 +05'30'